NONHIGHWAY TITLE NONHIGHWAY

Transcription

1 NONHIGHWAY TITLE NONHIGHWAY JULY 2013; TITLE KEYWORDS Nonhighway Theft No Insurance Non-Operational Off Road STATUTES, (KSA) , NEW NONHIGHWAY VEHICLE A nonhighway vehicle means: Back Any motor vehicle which cannot be registered because it is not manufactured for the purpose of using the same on the highways of this state and is not provided with the equipment required by state statute for vehicles of such type which are used on the highways of this state; Any motor vehicle, other than a salvage vehicle, for which the owner has not provided motor vehicle liability insurance coverage or an approved selfinsurance plan under K.S.A , and amendments thereto, and has not applied for or obtained registration of such motor vehicle in accordance with article 1 of chapter 8 of the Kansas Statutes Annotated; or All-terrain vehicle (ATV); or Work-site utility vehicle; or Micro utility truck; or Recreational off-highway vehicle (ROV). NONHIGHWAY TITLE A nonhighway title may be issued when a vehicle will not be operated on the streets or highways of Kansas due to one of the following reasons: Vehicle not manufactured for street use; Liability insurance discontinued. A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must be submitted with EVERY nonhighway title application. (Vehicles currently titled in Kansas as Nonhighway INCLUDED.) When a nonhighway vehicle is sold or ownership is being transferred, the nonhighway title must be assigned or re-assigned to the new owner. A vehicle that is titled as nonhighway cannot be issued registration, therefore liability insurance is not required as

2 prescribed by the Kansas Automobile Injury Reparations Act. MAKING APPLICATION FOR NON-HIGHWAY TITLE WITHIN 60 DAYS OF DATE OF PURCHASE The owner of a nonhighway vehicle must make application for nonhighway title within 60 days of date of purchase just like any other vehicle. Applications submitted on and after the 31st day must pay the late title penalty. EXCEPTIONS: 1. ATV s owned on July 1, 1996 are not required to apply for a nonhighway title until the owner is going to transfer ownership, which must be done on a nonhighway title. ATV s owned on and after July 2, 1996 must be titled nonhighway within 60 days of date of purchase. 2. Work-site utility vehicles owned on July 1, 2006 are not required to apply for a nonhighway title until the owner is going to transfer ownership, which must be done on a nonhighway title. Work-site utility vehicles owned on and after July 2, 2006 must be titled nonhighway within 60 days of date of purchase. 3. ATV s or work-site utility vehicles may be TRADED-IN TO A KANSAS DEALER using a bill of sale. The dealer will use the bill of sale to apply for a nonhighway title in their name before the dealer transfers ownership to a new buyer. A NONHIGHWAY TITLE CANNOT BE ISSUED ON A MSO/MCO UNLESS The vehicle is not manufactured for street use. (This will be stated on the face of the MSO/MCO). Vehicle was stolen*. * The police/accident report must be submitted with the MSO/MCO. APPLYING FOR A NONHIGHWAY TITLE A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must accompany all applications for Nonhighway title. (Vehicle currently titled in Kansas as Nonhighway INCLUDED.) The purchaser of a nonhighway vehicle must apply for a new nonhighway title within sixty (60) days of the purchase date; otherwise late title MOVRS Policy & Procedures 2 Kansas Division of Vehicles

3 application penalties will be assessed. INSURANCE CLAIM FOR STOLEN VEHICLE When an insurance company acquires a vehicle through the payment of a STOLEN vehicle (theft) insurance claim, the regular title will be assigned to the insurance company by the owner (VIN verifications will not be required on vehicles titled out-of-state, use a copy of the police report instead). The Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, will be marked liability insurance discontinued. If the stolen vehicle is recovered with damage, a new Salvage title must be applied for that reflects that condition. All other insurance wrecked or damaged claim settlements must be titled as salvage or nonrepairable. NOTE: A NONHIGHWAY TITLE CANNOT BE ISSUED ON ANY TYPE OF TRAILER. An application for title and registration must be made and a license plate issued. SALES TAX The sale of a nonhighway vehicle is considered a retail sale. Such sale is therefore subject to Kansas sales or compensating use tax, and proof of tax payment is required before a title will be issued. VEHICLE OWNERSHIP TRANSFERRED TO AN INSURANCE COMPANY AS A RESULT OF AN INSURANCE CLAIM IS NOT A RETAIL SALE AND IS EXEMPT FROM SALES TAX. APPLICATION FORMS AND FEES A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, MUST be fully completed. The appropriate title application fee will be charged. If the application with an assigned title is not made within 60 days of the date of sale, late title application penalties will be due. If an out-of-state title is being submitted as the ownership document, an MVE-1 will be required. If the owner of a vehicle currently titled on an original Kansas title wishes to retitle the vehicle as nonhighway, the license plate from the vehicle that was retitled cannot be transferred to another vehicle or a refund given. THE TREASURER IS NOT TO TAKE THE LICENSE PLATE AND MOVRS Policy & Procedures 3 Kansas Division of Vehicles

4 REGISTRATION FROM THE OWNER. IMPLEMENTS OF HUSBANDRY KANSAS NO LONGER HAS A NONHIGHWAY DUE TO IMPLEMENT OF HUSBANDRY. IF THE APPLICANT IS SUBMITTING A NONHIGHWAY TITLE AS PROOF OF OWNERSHIP FOR A MIXER FEEDER TRUCK OR A FERTILIZER SPREADER, TITLE THE VEHICLE WITH A TITLE ONLY, THE SAME AS A FIRE TRUCK OR SCHOOL BUS. ALL TERRAIN VEHICLE-ATV An ATV is: 50 inches or less in width, and Have a dry weight of 1,500 pounds or less, and Traveling on three or more nonhighway tires (nonhighway tire means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 14 inches or less), and Have a seat designed to be straddled by the operator. VEHICLES WHICH MAY EXCEED THE STATUTORY SPECIFICATIONS OF ATV S, BUT ARE NONETHELESS CLASSIFIED BY THEIR MANUFACTURER AS OFF ROAD UTILITY VEHICLES WILL NOT BE REGISTERED. THESE VEHICLES ARE NON-HIGHWAY, SINCE THEY ARE NOT MANUFACTURED FOR HIGHWAY USE AND LACK THE REQUIRED SAFETY EQUIPMENT. Attempts to retrofit ATV s or off road utility vehicles with safety equipment WILL NOT bring them up to registration standards. K.S.A requires the registration of motor vehicles INTENDED to be operated on any highway in this state. Since ATV s and off road utility vehicles were manufactured for off road use, (not intended for road use) they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA) policy position with respect to ATV s and off road utility vehicles is consistent with that of T & R and advocates not registering any type of ATV or off road utility vehicle. All of these types of vehicles are considered taxable personal property and must obtain Non-Highway, Not Manufactured for Street Use titles. The operation of ATV s is restricted. K.S.A. 8-15,100 prohibits ATV operation on any interstate highway, federal highway, state highway or within the corporate limits of MOVRS Policy & Procedures 4 Kansas Division of Vehicles

5 any city unless authorized by such city. An exception is made for county noxious weed departments, their contractors and KDOT. Any ATV operated within sunset and sunrise must be properly equipped with lights. ATV s owned on July 1, 1996 are not required to apply for a nonhighway title UNTIL the owner is going to transfer ownership, which must be done on a nonhighway title. The owner/seller will need to apply for the nonhighway title BEFORE selling the ATV. ATV s purchased on and after July 2, 1996 must be titled nonhighway within 60 days of date of purchase. If the application is made on or after the 31 st day from the date of purchase, late title penalty will be assessed. WORK-SITE UTILITY VEHICLES Work-site utility vehicle is: Any motor vehicle which is not less than 48 inches in width, and Has an overall length, including the bumper, of not more than 135 inches, and Has an unladen weight, including fuel and fluids, of more than 800 pounds, and Is equipped with four or more low pressure tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. Work-site utility vehicle does not include a micro utility truck or recreational off-highway vehicle. Vehicles which may exceed the statutory specifications of work-site utility vehicles, but are nonetheless classified by their manufacturer as off road utility vehicles will not be registered by T&R. The bureau considers these vehicles Non-Highway, since they are not manufactured for highway use and lack the required safety equipment. Attempts to retrofit a work-site utility vehicle or off road utility vehicles with safety equipment will not bring them up to registration standards. K.S.A requires the registration of motor vehicles INTENDED to be operated on any highway in this state. Since work-site utility vehicles and off road utility vehicles were manufactured for off road MOVRS Policy & Procedures 5 Kansas Division of Vehicles

6 use (not intended for road use), they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA) policy position with respect to work-site utility vehicles and off road utility vehicles is consistent with that of T & R and advocates not registering any type of work-site utility vehicles or off road utility vehicle. All of these types of vehicles are considered taxable personal property and must obtain Non-Highway, Not manufactured for Street Use titles. The operation of work-site utility vehicles is restricted. K.S.A. 8-15,100 prohibits work-site utility vehicles operation on any interstate highway, federal highway, state highway or within the corporate limits of any city unless authorized by such city. An exception is made for county noxious weed departments, their contractors and KDOT. Any work-site utility vehicles operated within sunset and sunrise must be properly equipped with lights. Work-site utility vehicles owned on July 1, 2006 are not required to apply for a nonhighway title UNTIL the owner is going to transfer ownership, which must be done on a nonhighway title. The owner/seller will need to apply for the nonhighway title BEFORE selling the work-site utility vehicle. Work-site utility vehicles owned on and after July 2, 2006 must be titled nonhighway within 60 days of date of purchase. If the application is made on or after the 31 st day from the date of purchase, late title penalty will be assessed. MICRO UTILITY TRUCK Micro utility truck is: Any motor vehicle which is not less than 48 inches in width, and Has an overall length, including the bumper, of not more than 160 inches, and Has an unladen weight, including fuel and fluids, of more than 1,500 pounds, and Can exceed 40 miles per hour as originally manufactured, and MOVRS Policy & Procedures 6 Kansas Division of Vehicles

7 Is manufactured with a metal cab. A micro utility truck" does not include a work-site utility vehicle or recreational off-highway vehicle. A micro utility truck is also known as a mini truck or Japanese mini truck. All micro utility trucks are to be titled nonhighway within 60 days from date of purchase. Unlike ATV s or work site utility, there is no if owned before date. If the application is made on or after the 31 st day from the date of purchase, late title penalty will be assessed. Micro utility trucks cannot be registered regardless is modified with safety equipment or not. RECREATIONAL OFF-HIGHWAY VEHICLE (ROV) Recreational off-highway vehicle is: Any motor vehicle 64 inches or less in width, and Has a dry weight of 2,000 pounds or less, and Traveling on four or more nonhighway tires, and Has a nonstraddle seat and steering wheel for steering control. All ROV s are to be titled nonhighway within 60 days from date of purchase. Unlike ATV s or work site utility, there is no if owned before date. If the application is made on or after the 31 st day from the date of purchase, late title penalty will be assessed. ROV s cannot be registered regardless is modified with safety equipment or not. VEHICLES TITLED NONHIGHWAY PRIOR TO JULY 1, 2000 Vehicles that were titled as nonhighway prior to July 1, 2000 may not be titled with the same nonhighway reason when a new Kansas nonhighway title is issued. The following will help with the conversion: Old: Non-compliance of required safety equipment New: Vehicle not manufactured for street use Old: Exempt from registration for street use New: Vehicle not manufactured requirements MOVRS Policy & Procedures 7 Kansas Division of Vehicles

8 Old: Theft or theft recovery-no damage New: Liability insurance discontinued Old: Vehicle salvage or totaled New: Salvage due to wrecked or damaged NOTE: Vehicles titled as nonhighway prior to July 1, 2000 due to: wrecked or damaged (not salvage or totaled); flood or hail; or fire, will continue to be titled as nonhighway for this reason. If a vehicle HAS NOT BEEN TITLED as nonhighway or WITH A DIFFERENT nonhighway reason, the vehicle CANNOT be titled with these nonhighway reasons and must be titled as Salvage. MOVRS Policy & Procedures 8 Kansas Division of Vehicles

9 NONHIGHWAY TITLE JULY 2013; NEW PROCEDURE Back CHECK THE LEGACY DATA BASE TO INSURE THE MVS RECORD IS THE MOST CURRENT FOR THE VEHICLE. LAUNCH AND SIGN INTO THE MOVRS SYSTEM Click on VRT. Click on Title Transactions. Click on Title and Registration. TITLE AND REGISTRATION PREQUALIFIER SCREEN Enter the Purchase Date. Enter the VIN number. Enter the Customer ID number or the Customer Driver s License number. (Optional this may be entered through the Relate Customers Tab.) Click Continue. SEARCH RESULTS SCREEN If a short VIN was entered on the Title and Registration Pre-qualifier screen the Search Results screen will come up. Find the correct VIN for your transaction and double click on that row. If the complete VIN was entered and the vehicle already exists in the system the transaction will open on the Application tab of a Title and Registration Transaction. If the Customer exists in the system and was entered on the Title and Registration Pre-qualifier screen the information will be pre-populated on the Relate Customers tab. If the VIN number and Customer number do NOT exist in the system ADD them at this time. (Reference Add Customer and Add Vehicle policies.) TITLE AND REGISTRATION SCREEN The Title and Registration screen will appear prepopulated with the information you entered and selected from the prior screens. At the top of the Title and Registration transaction window is a hyper link for the VIN Number. If this is MOVRS Policy & Procedures 9 Kansas Division of Vehicles

10 the type of vehicle that is not intended for road use, and it already existed in the system a yellow triangle with the notation of Non-Hwy Not Intnd For will be the indicator that a Designation has already been made on this vehicle record. If the vehicle is a type eligible to be driven on the road but is getting just a title because of no liability insurance, double click on the hyperlink and this will take you to the Vehicle Maintenance screen. If the vehicle was added to the system the correct designation could have been added to the Vehicle Record then or can be added now by linking out through the VIN. VEHICLE MAINTENANCE SCREEN Click on the Designations Tab. To add a designation click the Add Row at the bottom left. Select from the Dropdown the reason the Customer has indicated for going Non Hwy. Select from the Dropdown the Orig. Jurisdiction (the state). This would be Kansas unless the vehicle was added to the System with a title from another jurisdiction. If you add a row in error, click the Delete Row button before saving. The Delete Row button will not delete a row that was previously saved to the vehicle record. Click Save. If this vehicle record was a converted record you may be required to add certain other pieces of information like model, fuel type, etc. before the Vehicle Maintenance window will save. You are returned to the Title and Registration screen. APPLICATION TAB Enter the odometer reading (mileage) and mileage status (actual, not actual or exceeds) if applicable. Select the Usage of Non-Highway. MOVRS Policy & Procedures 10 Kansas Division of Vehicles

11 VEHICLE STATUS TAB The vehicle s current title information and ownership information will be displayed. Review that for a match to the ownership document presented for this transaction. FEE DETAIL TAB This tab will give you the breakdown of fees for this transaction but will not update with all the fees until information is complete for the other tabs applicable to the transaction. TAXES TAB In a Non-Highway Title Only transaction, the information in the Property Tax portion of the Taxes tab window will not be applicable. In the Sales Tax section of the Taxes tab window, the purchase price details must be entered in the Other section and sales tax collection is applicable. If tax is due the rates in both the Buyer Information column and the Seller Information column must be reviewed for accuracy of the rate returned. Jurisdiction Codes can be entered to override the rate returned or the City Override check box can be checked and the correct city picked from the dropdown to update a city rate. If the transaction is exemption from sales tax choose the exemption reason from the drop down and add any data requirements that might be related to the exemption. If this is the same owner going to Non-Highway for instance the Exemption Reason would be Title Change on Same Owner. Click the Update Tax Rates button. If information is subsequently changed on the Application, Vehicle Status or Relate Customers tabs after clicking Update Tax Rates on the Taxes tab, the Update Tax Rates button will have to be clicked again before the transaction will validate. MOVRS Policy & Procedures 11 Kansas Division of Vehicles

12 REGISTRATION DETAIL TAB There is no registration information for a non-highway titled vehicle. The Registration Decals and Registration Plates sections should be blank. RELATE CUSTOMERS TAB The owner information will be displayed if information was entered on the title and registration pre-qualifier window. If customer information was not added there or additional customers need to be added click the Add button in the row of Owner. If multiple owners are selected choose the Ownership Status at the end of the first customer row to designate the ownership status to go between the owner names on the title. Add applicable Security Interest (lienholder). Add any applicable Transfer on Death designees. Capture the electronic signature for the transaction by clicking the Capture Signature button in the lower right corner of this tab. This will activate the signature pad for the customer to sign as applicable unless the signature is being captured on a title application document. NOTE: Once the Capture Signature window is opened closing it without capturing a signature will cause your application to crash. If the Capture Signature window was opened in error, write Opened in Error on the signature pad and get the signature for the transaction through a scanned document. INSURANCE TAB Insurance information will be left blank for vehicle with a Non-Highway Usage and any of the designations applicable to a non-highway title. MAILING TAB In the Title Mailing Instructions section, review the customer s information on a mailing address for the title. If corrections or updates need to be made to the owner customer record link out to the Customer Maintenance screen to make the changes. If this specific title needs to be mailed to other than the MOVRS Policy & Procedures 12 Kansas Division of Vehicles

13 first owner s mailing (or residency if no mailing) address, update the mailing information here by selecting Other from the Mail To drop down and entering the mailing address information. Registration Mailing Instructions will show defaulted to the first owner information but are not applicable as a Kansas registration credential is not created for a Non- Highway title application. DOCUMENTS TAB Collect, Scan and account for any documents applicable to the transaction. Ownership Document and the TR-13 - Salvage, Nonhighway or Non-Repairable Vehicle Affidavit would be at a minimum the required documents for this transaction. CREDITS TAB This tab is not used for non hwy. In the regular title and registration application this tab is used if the customer were receiving any type of credit on the registration during a plate transfer. EXCEPTIONS TAB This is where you should see the Designation applicable to this non-highway title application. COMPLETE APPLICATION Click PAY NOW. Process the transaction through Payment Manger. Collect fees. Finalize transaction and generate credentials. MOVRS Policy & Procedures 13 Kansas Division of Vehicles